The Board Agenda is posted at: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1474344529390663222.pdf

The Board Meeting Audio is posted at: http://cusd.capousd.org/cusdweb/audio2016-17/CUSDBoardMeeting.Jan.25.2017.mp3

SPECIAL BOARD MEETING 

BOARD ACTION: NO REPORTABLE ACTION

REGULAR BOARD MEETING

at 0:4:26 THE BOARD MADE THE FOLLOWING ANNOUNCEMENT:

Trustee Hatton-Hodson will not be at the meeting tonight. She has asked the Board to make the following announcement:

1. She has been diagnosed with an illness that will prevent her from discharging her Trustee duties.

2. She has been advised by her doctors that her treatment regime will allow her to return to her duties by April 2017.

3. She expects to fully recover, and appreciates the well wishes of her friends and colleagues. 

CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 

Janie Hoy/Sara Young Attorney -
Ernest Bell Significant Exposure to Litigation – Three Cases

IDR Case Number 20161118
IDR Case Number 20161215
Special Education Program Location Change
(Pursuant to Government Code § 54956.9(d)(2))

at 5:37

TRUSTEES VOTED 6-0-1 to approve IDR Case Number 20161118 and IDR Case Number 20161215

EXHIBIT A-1

EXHIBIT A-2 

Kristen Vital/Clark Hampton/Susan Holiday
Attorney- David Huff
Significant Exposure to Litigation - Two Cases
(Pursuant to Government Code § 54956.9(d)(2)(3))

CONFLICT OF INTEREST TRUSTEE LYNN HATTON HODSON?

2ND CASE SUPERINTENDENT VITAL?

Note: Superintendent Vital- Trustee Hatton-Hodson and Attorney Huff were not present at the Conflict of Interest Training January 18, 2017.

at 5:55

THE BOARD WILL RETURN TO CLOSED SESSION AFTER THE MEETING TO ADDRESS THIS ITEM

EXHIBIT A-3 

Challenge to Student Records
Susan Holiday
Attorney - Anthony De Marco/Lexe Davidson
(Pursuant to Government Code § 49070 (c))

at 6:07

TRUSTEES VOTED 6-0-1 to sustain the decision of the Administration to deny the challenge to student records.

EXHIBIT A-4 

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Janie Hoy/Sara Young
Attorney - Ernest Bell
Significant Exposure to Litigation – Four Cases
District Court Case 8:16-cv-0001000
OAH Case Number 2016030010/2016020203
OAH Case Number 2016100160
OAH Case Number 2016110313
(Pursuant to Government Code § 54956.9(d)(1))

at 6:23

TRUSTEES VOTED 6-0-1 TO APPROVE ALL FOUR CASES

EXHIBIT B-1 

EXHIBIT B-2 

EXHIBIT B-3 

EXHIBIT B-4 

C. BOARD POLICY 4301 APPEAL TO THE BOARD REGARDING DISCRIMINATION COMPLAINT AGAINST EMPLOYEES

at 7:10 

TRUSTEES VOTED 6-0-1 TO CONTINUE THIS ITEM TO THE FEBRUARY 22, 2017 BOARD MEETING

EXHIBIT C-1 

D. STUDENT EXPULSIONS

Mike Beekman
Five Cases (Six Cases?)

Case Number 2017-014
Case Number 2017-015
Case Number 2017-017
Case Number 2017-018
Case Number 2017-020
Case Number 2017-021

at 7:24

TRUSTEES VOTED 6-0-1 TO APPROVE ALL SIX CASES

EXHIBIT D-1 

EXHIBIT D-2

EXHIBIT D-3

EXHIBIT D-4

EXHIBIT D-5

EXHIBIT D-6

E. STUDENT READMISSIONS

Mike Beekman
One Case
Case Number 2016-024

at 7:53

TRUSTEES VOTED 6-0-1 TO APPROVE THE READMISSION 

EXHIBIT E-1 

F. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Susan Holiday
One Case
(Pursuant to Government Code §54957)

at 8:02

BOARD GAVE DIRECTION TO STAFF

Gordan Amerson
One Case
(Pursuant to Government Code §54957)

at 8:10

BOARD WILL RETURN TO CLOSED SESSION AFTER THE MEETING TO DISCUSS THIS ITEM

EXHIBIT F-1

G. PUBLIC EMPLOYMENT AND EVALUATION OF PERFORMANCE

Superintendent
(Pursuant to Government Code §54957)

at 8:24

BOARD WILL RETURN TO CLOSED SESSION AFTER THE MEETING TO DISCUSS THIS ITEM

EXHIBIT G-1 

 

SUPERINTENDENT COMMENTS

at 8:54 San Clemente High School football team is recognized for its first CIF-SS title.

CONGRATULATIONS STATE CHAMPIONS!

TRUSTEE COMMENTS

at 11:13

Trustee Amy Hanacek recognized Keith Hancock named Grammy Music Educator Finalist for 2017. CUCPTSA Reflections at the District Office January 26, 2017- Theme is "What is your story?"

at 12:21

Trustee Holloway has red and black balloons to celebrate the San Clemente football teams State Championship.

EXTRA MILER AWARD

at 13:33 

San Juan Hills High School Jennifer Miley Special Education Teacher and Social Media liaison. 

STUDENT BODY UP-DATE

at 16:54

Brian Kim Tesoro High School

ORAL COMMUNICATIONS

at 22:06

Kim Sprague re: Ladera Ranch student suicide. Best Practices regarding memorializing student suicide. District needs a policy of what to do and what not to do when a student commits suicide. Copy cating accounts for about 8% of all student suicides.

at 24:46

Michael Usef re: Bergeson Elementary Mandarin Immersion Program student thanks the Board with a painting from the MIP program. 

at 28:29 

Michelle Passo Campbell (Legislative Rep CUCPTSA) re: Inviting the Board to Reflections.

at 30:12

Kathy Brevoort re: Co-Chair with Michelle Passo Campbell (Legislative Rep CUCPTSA) re: PTA founded in Advocacy - sometimes gets a bad rap for just fundraising. PTA Goal is better communication so they intend to come to Board meetings and speak about the work the PTA is doing. PTA Senior scholarships.

CONSENT CALENDAR

at 4:58 Staff has pulled Agenda Item #28 

at 5:08 Motion to Adopt the Agenda

at 33:58 Consent Calendar

Staff pulled Agenda Item #19 and #28 

Trustee Jones pulled Agenda Item #19 and #20

Trustee Holloway pulled Agenda Item #8 

The Public has pulled Agenda Items  #1 #3 #7 #14 #18 #19 #20 #26

at 35:46 Motion to move the balance by Trustee Pritchard Second by Trustee Holloway 

TRUSTEES VOTE 6-0-1 TO MOVE ALL APPROVAL OF ALL CONSENT ITEMS EXCEPT AGENDA ITEMS #1 #3 #7 #8 #14 #18 #19 #20 #26 #28

at 85:04 Trustee McNicholas

That concludes the Consent Calendar - we need to vote on Agenda Items

#19 Trustee Jones Motion to Approve Item #19 with Language Changes. Trustee Reardon second. 

Trustee Reardon and that we are going to accept applications for School of Choice at Tesoro even though the school has been designated as closed. 

Superintendent Vital - we can add that to the amendments - not the Policy. Not a guaranteed choice.

Trustee McNicholas - we gave direction to staff regarding the portable capacity.

Superintendent Vital - we got those follow-ups.

Passes 6-0-1 (Trustee Hatton-Hodson absent)

at 87:00

#20 Trustee Jones Motion to Continue Item #20 and up-date language in the contract that it is subject to the Laws of California. Second by Jim.

Passes 6-0-1 (Trustee Hatton-Hodson absent)

at 87:36 Trustee Hanacek Motion to Move Agenda Items #1 #3 #7 #8 #14 #18 #26 Second by Trustee Reardon. 

Passes 6-0-1 (Trustee Hatton-Hodson absent)

CONSENT CALENDAR: These Items are NOT DISCUSSED unless the Item is pulled by Staff, Board or Public.

"All matters listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion in the form listed below. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. The Superintendent and the staff recommend approval of all Consent Calendar items."

Business and Support Services

RED FLAG City Attorney/ACLU

Agenda Item #1 Donations of Funds and Equipment page 1

Total Donations $313,601.26 

Learn more

at 36:27

BLUE CARD Dawn Urbanek. 

Any Donation over $1,000 should be itemized. CUSD is hiding payments for teachers salaries, aids and librarians as "non-instructional materials".

 

ADDITIONAL INFORMATION REGARDING FUNDRAISING AND DONATIONS

Every student is entitled to DISTRICT FUNDED Art, Music and Science programs that align with minimum state mandated Content Standards and Curriculum Frameworks, and is taught by a properly credentialed teacher.

I have stood before this Board many times and explained that it is illegal for CUSD to rely on fundraising and donations (one-time money) to pay for staff salaries, core educational programs like art, music, science (on-going expenses). Core educational programs must be funded by the District because they have a Constitutional obligation to provide EVERY student with an equal opportunity to achieve a quality education. Relying on fundraising and donations to pay for staff salaries and core educational programs creates wealth based inequities in the quality of education that students receive within the district, and is a violation of Assembly Bill 1575.

 

Agenda Item #2 Purchase Orders/Commercial Warrants page 4

Total Purchase Orders: $5,279,047.30

Total Warrants: $10,423,640.77

 

Learn More

 

Agenda Item #3 Independent Contractor, Professional Services, Field Service and Master Contract Agreements: Page 77

15 New Agreements: $451,540

9 Amendments: $97,175.00

Learn More

at 37:39

BLUE CARD Dawn Urbanek. 

I wanted to bring 4 Contracts to the Boards Attention that are of concern to me:

Nicole Miller & Associates HR Investigative services relating to complaints and claims. $85,000 Contract for period 9-1-16 to 6-30-17. Why is staff asking for approval after work has already begun? 

Dennis Patrick Hanna Provide semi-annual testing for AHERA periodic surveillance at various District sites. $18,470.00. Thank you for doing this work. Contract is for period 7-1-16 to 6-30-17 Why is staff asking for approval after work has already begun? 

The College Blueprint provide student/parent workshops and support. Increase contract amount from $28,900 to $38,600. We have 128 indian students. 

Just in this Board Agenda alone CUSD has contracts for Indian Education totaling:

  • College Blueprint $38,600
  • Star Academy $33,025
  • Professional Tutors of America $116,211

Total: $187,836.00 

That is $1,467.47 per pupil.

Album Agency provide interior and exterior photos of re-imagined schools. Increase contract by $5,000 from $80,500 to $86,450 CUSD is trying to "re-brand" seven schools in CUSD that are at risk of closing due to small enrollment. This is marketing and not much substance. See Agenda Item #34 below.

Staff is executing contracts without Board approval. If you look at the dates of these contracts work has already been started on every single one.

 

 

 

Agenda Item #4 Agreement for use of Emerald Cove Outdoor Science Institute Facilities, Supplies, Equipment, and Services public school District School Year 2016-17 page 223 

$164,065.25 serving 595 5th grade students from the following schools:

5 day program:

Castille 113 kids $42,403.25 

3 day program:

Las Palmas 90 kids $15,300

Del Obispo 50 kids $ 9,000

Viejo 55 kids $9,900

Reilly 81 kids $27,702

Oak Grove 140 kids $47,880

Wood Canyon 66 kids $11,880

Funds for outdoor science camps are raised by parents and the public through fundraising and donations. As such, the length of the camp depends on the parents ability to raise sufficient funds. 

Learn More

 

Agenda Item #5 Amendment to Extension No. 1 Agreement Bid No. 1516-02 Audio Visual Equipment with Golden Star Technologies page 239

Amendment to contract to remove Agenda Item #27 Epson LCD Projector HDMI Powerlite 575W #V11H603020 price $875.18 because GST removed the item due to a manufacturer price increase. 

Learn More

BLUE CARD - Dawn Urbanek

When you have a contract for an item at a specified price, why is CUSD agreeing to remove an item because the price has increased? Isn't that why you have a contract- to ensure you get the item at the contracted price?

 

 

Agenda Item #6 Award Bid NO. 1617-02 - Tree Trimming Maintenance Service - West Coast Arborists, Inc page 240

Learn More

BLUE CARD - Dawn Urbanek

This is a $350,000 contract for the period September 27, 2016 - September 26, 2017. Trustees are being asked to approve a contract that is after-the -fact (4 months ago).

Why is there such a difference in the bids? 

Singh Group Inc $8,180 weighted calculation

West Coast Arborists $3,616.70 weighted calculation 

Staff chose West Coast Arborists without Board approval.

 

 

RED FLAG City of Orange, RSM, Las Flores, Ladera Ranch, Coto de Caza and Mission Viejo. 

 

Agenda Item #7 Award Bid No. 1617-15, Modular Building Services at Tesoro High School - Class Leasing LLC page 254

Learn More

at 37:56

BLUE CARD Dawn Urbanek

This Item is linked to Agenda Item #15

and

Agenda Item #19 Board Policy 5119 School of Choice

Agenda Item #7 Is a contract to lease (16) 24' X 40' Portable Classrooms + (2) 12 X 40 Restrooms for Tesoro 

Agenda Item #15 Is a contract to remove 22 existing Portable Classrooms and replace them with a new 24 classroom building.

The discussion at the January 25, 2017 Board meeting revealed that Tesoro would actually loose classrooms for 2017-18 (removing 22 old portables and leasing 16) and then gaining a new 24 classroom building when construction is complete.

Tesoro High School serves the Cities of Rancho Santa Margarita, Las Flores, Ladera Ranch, Coto de Caza and Mission Viejo. 

Tesoro High School, San Juan Hills High School and San Clemente High School are all impacted, with enrollment numbers that exceed normal high school capacity of 2,400 students.

According to the latest data from CDE enrollment at these three schools was (latest data 2015-16)

  • Tesoro: 2,451 
  • San Juan Hills: 2,392 
  • San Clemente: 3,024 

It is becoming more and more evident that the number of students actually at the sites are greater than stated here due to the impact of the new Rancho Mission Viejo Development which is projected to add:

  • 1,118 K-8 students
  • 266 HS students

just for the build out of Area 1 Esencia, and Area 2, Sendero. 

The total build out for The Ranch will produce 14,000 homes (8000 that will produce students), and the original IRC projected the need for 5 elementary schools, one middle school and a possible high school.

Due to a lack of funding, the Esencia K-8 school that was projected to open in 2017-18 will now not open until 2018-19.

The Ranch is currently paying for busses to take residents to Las Flores K-8 and Tesoro High School. Both schools are now severely impacted. 

Re: Mello Roos

Ladera Ranch has paid into facilities at both, San Juan Hills and Tesoro, yet CUSD is crafting a School of Choice policy that will deny them seats at Tesoro if the school is impacted. 

Talega has paid into the facilities at both San Juan Hills and San Clemente High and again, CUSD's School of Choice policy denies Talega seats at San Juan Hills if the school is impacted. 

What mitigation is the Ranch offering to give its students priority over Ladera Ranch and Talega taxpayers? 

In the original EIR the County Board of Supervisors included a requirement that the Ranch was responsible for ensuring that adequate school facilities and services would be available at the time of CUSD's need.

That is not the case.

CUSD has begun the process of expanding High School capacity with a $45 million dollar expansion project that does very little to actually increase capacity.

The Negative Declaration for San Clemente campus improvements shows:

The proposed classroom building: 24 standard classrooms 2 men’s restrooms, 2 women’s restrooms, and 4 staff restrooms.

CUSD is going to vacate the classrooms on the upper campus leaving those facilities vacant, and move those students to the lower campus. 

San Clemente High will loose 37 parking places which will not be replaced.

There will be no change in student or staff numbers on this campus.

The Negative Declaration for San Juan Hills campus improvements shows:

PHASE ONE- New Parking Area - Removal of 146 parking spots, build 157 new parking spots - Net gain 11 parking spots.

PHASE TWO-  Construction of two story classroom building and 5 basketball courts.

The proposed classroom building: 24 standard classrooms, 2 men’s restrooms, 2 women’s restrooms, and 4 staff restrooms.

Current student population is 2,391. The 24 classrooms would allow for an increase of 648 students making the campus population 3,039. The current staff population on campus would remain as is- "No increase in staff would occur under the proposed project. 

So they plan to add 648 additional students but not hire any additional staff?

The Negative Declaration for Tesoro can not be found.

In conclusion CUSD is spending $45 million dollars and not really getting a lot of new capacity.

Supporting Documentation can be found at: 

 

Agenda Item #8 Award Bid No. 1617-16, Marblehead Elementary School Outdoor Classroom - Prunin Arboriculture & Landscape Maintenance page 307

Marblehead Elementary School is getting an outdoor classroom. Cost is $56,562 from the General Fund. 

Learn More

at 37:56

This Item was pulled by Trustee Holloway

at 40:32 Concerned that all the trees have been eliminated. Tress are important to an outdoor classroom.

Staff assured Trustee Holloway that there was going to be larger trees than the ones that were removed from the plan.

Trustee Holloway thanked staff and said she did not pick up on that.

 

 

 

 

 

 

 

Agenda Item #9 Change Order NO 1, BID NO. 1516-10 San Clemente High School Building 800 Project  page 341

Learn More

Staff is seeking Change Orders totaling $138,567.60 in additional costs bringing total cost of the project to $9,127,455.60 

1. $9,264.40 Removal of 160 feet of abandon electrical Duct

2. $42,040.80 Increase the size of load bearing grade beams per DSA

3. $13,309.84 Waterproof interior side of concrete perimeter wall.

4. $9,114.11 Install a New Domestic Water line

5. $1,568.23 Install new piping for fire service water line.

6. $63,270.22 Relocate an exiting electrical duct bank.

Total $138,567.60 

 

 

 

 

Agenda Item #10 Change Order NO 1, BID NO. 1617-01 San Juan Hills Building J Project page 393

Staff is seeking Change Orders totaling $90,611.13 in additional costs bringing total cost of the project to $8,585,611.13 

1. $96,281.52 Removal of 320 feet of new Storm Drain.

2. $20,403.69 Fix existing fire line

3. $7,070.20 CAD drawings were not available so Contractor used dimensions from drawings and now has to adjust the pad by 2'

4. (33,144.28) Credit for not demolishing and replacing concrete at existing fire lane.

Total $90,611.13 

Total Project Cost $8,585,611.13

Learn More

 

 

 

Agenda Item #11 Continuous Public Notice - Disposal of Surplus Property page 415

PUBLIC NOTICE:

The auction website is located at: http://schooldistrictauctions.com/

Learn More

 

 

  

Agenda Item #12 Declaration of Surplus Items page 416

CUSD is disposing of 28 Vehicles because they are to old and expensive to repair.

The auction website is located at: http://schooldistrictauctions.com/

Learn More

 

 

 

Agenda Item #13 Extension No. 2 of Bid No. 1415-08, Elevator Service Maintenance and Repair - Vertical Transport, Inc. page 417

Annual Expenditures estimated to be $250,000. 

Learn More

BLUE CARD Dawn Urbanek

The old contract expired December 31, 2016. The extension is for the period January 1, 2017 through December 31, 2017. Staff is asking the Board to approve an extension one month after the expiration of an existing contract.

HOW DO YOU "EXTEND" AN "EXPIRED" CONTRACT

 

 

 

 

RED FLAG - Cities, Parents and Taxpayers

 

Agenda Item #14 Grand Jury Report and District Response page 429

at 42:00

Learn More

BLUE CARD Dawn Urbanek

The Orange County Grand Jury issued a report titled: "Dealing with Asbestos in Orange County Public Schools".  In the report the Grand Jury made detailed recommendations to Orange County school districts to establish documented and transparent processes to comply fully with AHERA requirements, to establish disciplined contracting processes for safely removing asbestos and other hazardous materials, and to commit to plans to remove asbestos from all Orange County schools.

The Capistrano Unified School District was to submit a written response to the presiding judge no later than September 28, 2016.

"The District's practice for responding to Grand Jury requests is for Staff to respond on behalf of the Board, and then share the response with Trustees prior to the response deadline."

Staff responded to the Honorable Charles Margines in a written letter dated September 8, 2016. 

According to Agenda Item, Staff shared the written response with Trustees on September 16, 2016.

There was no Board meeting on September 16, 2016. September Board meetings were on September 14, 2016 and September 28, 2016. The Grand Jury Report was not on either agenda.

In December, the Grand Jury contacted CUSD asking if the response was from the District's governing body. 

This item was placed on the Consent Calendar and would have been approved without discussion if a member of the public had not pulled the Item.

I pulled the item, and expressed some, but not all of my concerns about Staff's response (due to a 3 minute time constraint).

AHERA Reports are to be kept at the District Office for public inspection- CUSD keeps them at the Facilities Office - a violation of Federal Law.

CUSD Staff state's that it cannot comply with the order to complete abatement within the next 20 years due to budget constraints. 

#1 CUSD has given employees over $120 million in across the board compensation increases over the past four years rather than fix and maintain facilities, and 

#2 According to an August 9, 2016 letter from Mayors Frank Ury and Tony Beal CUSD passed a Bond Measure for the specific purpose of fixing Asbestos issues, and did not spend the money as directed. 

CUSD Trustees ratified District's response anyway with a 6-0-1 vote (Trustee Hatton-Hodson absent) 

As a taxpayer, the only relief remaining was to send the information I tried to communicate to the Board to the Grand Jury. That information was sent on January 27, 2017. 

The full Statement and the August 9, 2016 letter from the Mayors is attached to this Item.

 

 

RED FLAG - Cities, Parents and Taxpayers - This item is related to Item #7 Leasing of Modular Buildings for Tesoro and Item #19 School of Choice Policy

 

Agenda Item #15 Filing a Notice of Exemption for the Tesoro High School Classroom Addition Project page 506

Learn More

BLUE CARD Dawn Urbanek

This Item is linked to Agenda Item #7 Award Bid No. 1617-15, Modular Building Services at Tesoro High School - Class Leasing LLC

and

Agenda Item #19 Board Policy 5119 School of Choice

Tesoro High School serves the Cities of Rancho Santa Margarita, Las Flores, Ladera Ranch, Coto de Caza and Mission Viejo. 

Tesoro High School, San Juan Hills High School and San Clemente High School are all impacted, with enrollment numbers that exceed normal high school capacity of 2,400 students.

According to the latest data from CDE enrollment at these three schools was (latest data 2015-16)

  • Tesoro: 2,451 
  • San Juan Hills: 2,392 
  • San Clemente: 3,024 

It is becoming more and more evident that the number of students actually at the sites are greater than stated here due to the impact of the new Rancho Mission Viejo Development which is projected to add:

  • 1,118 K-8 students
  • 266 HS students

just for the build out of Area 1 Esencia, and Area 2, Sendero. 

The total build out for The Ranch will produce 14,000 homes (8000 that will produce students), and the original IRC projected the need for 5 elementary schools, one middle school and a possible high school.

Due to a lack of funding, the Esencia K-8 school that was projected to open in 2017-18 will now not open until 2018-19.

The Ranch is currently paying for busses to take residents to Las Flores K-8 and Tesoro High School. Both schools are now severely impacted. 

Re: Mello Roos

Ladera Ranch has paid into facilities at both, San Juan Hills and Tesoro, yet CUSD is crafting a School of Choice policy that will deny them seats at Tesoro if the school is impacted. 

Talega has paid into the facilities at both San Juan Hills and San Clemente High and again, CUSD's School of Choice policy denies Talega seats at San Juan Hills if the school is impacted. 

What mitigation is the Ranch offering to give its students priority over Ladera Ranch and Talega taxpayers? 

In the original EIR the County Board of Supervisors included a requirement that the Ranch was responsible for ensuring that adequate school facilities and services would be available at the time of CUSD's need.

That is not the case.

CUSD has begun the process of expanding High School capacity with a $45 million dollar expansion project that does very little to actually increase capacity.

The Negative Declaration for San Clemente campus improvements shows:

The proposed classroom building: 24 standard classrooms 2 men’s restrooms, 2 women’s restrooms, and 4 staff restrooms.

CUSD is going to vacate the classrooms on the upper campus leaving those facilities vacant, and move those students to the lower campus. 

San Clemente High will loose 37 parking places which will not be replaced.

There will be no change in student or staff numbers on this campus.

The Negative Declaration for San Juan Hills campus improvements shows:

PHASE ONE- New Parking Area - Removal of 146 parking spots, build 157 new parking spots - Net gain 11 parking spots.

PHASE TWO-  Construction of two story classroom building and 5 basketball courts.

The proposed classroom building: 24 standard classrooms, 2 men’s restrooms, 2 women’s restrooms, and 4 staff restrooms.

Current student population is 2,391. The 24 classrooms would allow for an increase of 648 students making the campus population 3,039. The current staff population on campus would remain as is- "No increase in staff would occur under the proposed project. 

So they plan to add 648 additional students but not hire any additional staff?

The Negative Declaration for Tesoro can not be found.

Agenda Item #7 Is a contract to lease (16) 24' X 40' Portable Classrooms + (2) 12 X 40 Restrooms for Tesoro 

Agenda Item #15 Is a contract to remove 22 existing Portable Classrooms and replace them with a new 24 classroom building.

The discussion at the January 25, 2017 Board meeting revealed that Tesoro would actually loose classrooms for 2017-18 (removing 22 old portables and leasing 16) and then gaining a new 24 classroom building when construction is complete.

In conclusion CUSD is spending $45 million dollars and not really getting a lot of new capacity.

Supporting Documentation can be found at: 

Learn More 

 

 

 Agenda Item #16 Procure Eligible E-Rate Items utilizing Requests for Proposals Process page 516

Learn More

 

 

Agenda Item #17  RESOLUTION NO 1617-49 Authorization to Renew a Community Service Program Certification Through the Department of Resources Recycling and Recovery page 517

CUSD is now Certified by the Department of Resources to collect Aluminum Glass and Plastic

Learn More

 
 

CURRICULUM & INSTRUCTION 

RED FLAG - Taxpayers - City Attorneys

Agenda Item #18 Discovery Education Professional Development page 520

This is a $269,500 3 year contract for Professional Development Training in STEM.

Period 1- 2016-17 $93,500.00

Period 2 - 2017-18 $88,000.00 

Period 3- 2018-19 $88,000.00

Approval of a 3 year Science Technology Engineering and Mathematics professional development proposal from Discovery Education for 11 elementary schools. The sites being considered for this proposal are:

The 7 Capo Forward schools

  • Wood Canyon (Area 5)
  • Del Obispo (Area 6) 
  • Kinoshita (Area 6) 
  • RH Dana (Area 1)
  • Hidden Hills (Area 4)
  • Marblehead (Area 3)
  • Lobo (Area 3)

and

  • Wagon Wheel (Area 7)
  • Tijeras Creek (Area 7)
  • Laguna Niguel (Area 5) 
  • Bathgate  (Area 7)

Learn More

at 45:10

BLUE CARD Dawn Urbanek

CUSD is spending more on professional development that it does on books and supplies. 

CUSD receives one time grant money from the State that must be spent on professional development. CUSD should not use General Fund money for Professional Development when it is relying on fundraising and donations to pay for art, music and science.

The Educator Effectiveness Grant (Professional Development) $3,157,561.00

No General Fund money should be used for Professional Development.

There are no schools from Area 1 Trustee Hanacek or Area 2 Trustee Reardon. Why were 3 schools from Trustee Hatton-Hodson's Area added to the list? What about Equity within CUSD? 

TRUSTEE MC NICHOLAS

This is 3 years and 11 schools so it is reasonable priced.

TRUSTEE REARDON 

Why are we using General Funds when there is Grant Funds for Professional Development? That is the equivalent of 3 teachers.

STAFF- SUSAN HOLIDAY

This is a 3 year contract and the Teacher effectiveness is one time money.

 

 

 

RED FLAG - Taxpayers in Talega and Ladera Ranch

THIS ITEM HAS BEEN PULLED FROM THE CONSENT CALENDAR BY STAFF AND THE PUBLIC AND WILL BE DISCUSSED

AGENDA ITEM #19 FIRST READING BOARD POLICY 5119 School of Choice page 526

STAFF PULLED THIS ITEM AT THE LAST MEETING STATING THAT THE FOUR CHANGES THAT NEEDED TO BE MADE WERE ADMINISTRATIVE OR TECHNICAL ONLY - NO POLICY CHANGES. 

at 47:50

Learn More

BLUE CARD DAWN URBANEK

Change #1

In the event that a school is closed the Board of Trustees will give direction to which assigned school the displaced students will attend.

Change #2

"After all School of Residence students have been placed, all children of employees will be given priority placement for the 2016-2017 school year at the employees’ work site if there is room in the grade level."

This gives children of employees permanent priority over everyone except School of Residence.

Change #3 (CFD) They eliminated the following language which was on the December 14, 2016 Agenda, but is not part of the current policy.

"For the 2017-2018 school year, the students who reside in the Ladera Ranch CFD portion of Study Area 209 can enroll in either Tesoro High School or San Juan Hills High School. In addition, the students who reside in the Talega CFD portion of Study Area 1500 can enroll in either San Juan Hills High School or San Clemente High School. A School of Choice application must be submitted within the School of Choice application window indicating which site is preferred. If no application is submitted students will be referred to the school they are zoned to attend."

Change #4

From: "If a student has continuously attended their School of Residence and moves anytime during the year, the student may apply for School of Choice upon moving. The student may remain at their approved School of Choice until he/she matriculates to the next level. 

To: If a student has continuously attended their School of Residence and moves anytime during the year, the student may apply for School of Choice upon moving to stay at the current school. The student may remain at their approved School of Choice until he/she matriculates to the next
level unless the school is significantly impacted and the student is displacing a student living in that boundary. 

Change #5

Any student enrolled in a District school that has been identified on the State’s Open Enrollment List or receiving Title I funds that have been identified for program improvement (PI), corrective action, or restructuring. participating in Title 1 Public School Choice.

Change #6 

From: "A student requesting a transfer to his/her School of Residence, after having been accepted into another school through the School of Choice process, will not be guaranteed a place in his/her School of Residence, until after the next School of Choice cycle, unless space is available."

To: "Once approved on School of Choice the approved school becomes the student’s School of Record. In order to return to the original School of Residence, a School of Choice application must be submitted during the School of Choice window. A student requesting a transfer back to his/her School of Residence will not be guaranteed a place in his/her School of Residence, unless space is available."

 

 

RED FLAG - GATE and Spanish Immersion Programs

Agenda Item #20 Hanover Research Partnership agreement Extension. 

Hanover Research provides tailored research through an annual, fixed-fee model.

Approval of the Hanover Research Partnership Agreement extension will allow the District access to research services provided by Hanover related to the evaluation of the District’s Spanish Immersion and GATE Programs to include quantitative and qualitative data analysis, primary research and stakeholder feedback, secondary research and peer benchmarking. The extension will run for a six month time period from February 26, 2017 to August 25, 2017. The $25,000 cost will be funded with general funds.

Board Audio

at 75:20 (1 hour 15 minutes 20 seconds) 

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BLUE CARD Dawn Urbanek

At the November 16, 2016 BOT meeting Superintendent Vital stated on the record that District Staff without Board Approval made the unilateral decision to defund GATE and programing for High Achieving students in CUSD. At that time, Trustee Hatton-Hodson also expressed her opinion that research shows that class size and differentiated learning do not matter. 

How can the public be assured that the research being done will be objective and not skewed to prove the pre-determined opinion of this district who has already dismantled/practically eliminated programing for High Achieving students?

What is the focus of the research regarding the Spanish Immersion program. Is the District seeking to eliminate that program as well?

 


 

 

 

KNOW YOUR RIGHTS 

EVERYONE IN TALEGA SHOULD HAVE GUARANTEED ACCESS TO ATTEND SAN JUAN HILLS HIGH SCHOOL OR SAN CLEMENTE HIGH SCHOOL WITHOUT THE SCHOOL OF CHOICE LOTTERY

A Letter from Talega Residents for Fair Taxation Laura Ferguson and Debbie Flowers

CUSD has a dark history of lying. The Mello-Roos Act stipulates clearly what the district should be doing, but it chooses to ignore the law. Mello-Roos taxes from Community Facilities District areas (CFDs) generate special taxes paid by the homeowners that are earmarked for a special purpose, not a general fund.

The only reason for multiple readings of the district’s School of Choice policy is because CUSD wants to dictate where Talega kids attend high school and is attempting to deny their legal right for choice to attend schools that their Formation & Mitigation Agreements required them to fund facilities that would mitigate for their children’s impact on existing district facilities. The Agreement never said the district could take advantage of Mello-Roos taxpayers and force them to subsidize the expansion of facilities for neighboring communities beyond their impact. This represents unjust enrichment and economic discrimination. Remember a total of $20M in Mello-Roos was spent on each high school (San Juan Hills High School and San Clemente High School) above the basic taxes we all pay.

Talega Residents for Fair Taxation thought this School of Choice policy was concluded in early 2015 when members of our group addressed the board at that time. Then, the board had agreed on a district policy – in accordance with the Mello-Roos Act (Govt. Code Section 53312.7) –that gave Mello-Roos taxpayers priority attendance access because of their contribution of Mello-Roos taxes to the two high schools.  It appears they’ve changed their mind.

Again we see CUSD attempting to manipulate the law and disenfranchise Talega taxpayers. Currently, CUSD is using $10 Million in Talega surplus taxes (illegally over-collected from the taxpayers over several years despite declaring in 2006 that Talega had constructed all facilities required to mitigate for our kids in our Agreements) to expand classroom facilities at SJHHS and SCHS, and it wants to control attendance access to SJHHS because it never required the 14,000 unit planned RMV community to build a high school. Yet Talega only generates about 600 high school students who attend CUSD. If you think about it, that’s only about 20 classrooms (30 students per room x 20 rooms) yet at this very time we are helping fund the construction of 48 more classrooms at two high schools.

CUSD should revisit the Mello-Roos Act, specifically Govt. Code Sect. 53312.7 (b): “The goals and policies adopted by any school district pursuant to subdivision (a) shall include, but not be limited to, a priority access policy that gives priority attendance access to students residing in a community facilities district whose residents have paid special taxes that have, in whole or in part, financed the construction of school district facilities…”  

Don’t’ lose sight of the fact that Talega students make up less than 5% of the TOTAL population of CUSD. Talega taxpayers are paying twice for the same thing through the use of their Mello-Roos and ad valorem property taxes they pay that are allocated to CUSD. Mello-Roos taxpayers are subsidizing the refurbishment/renovation of schools and school related facilities in favor of taxpayers who live in non-Mello-Roos areas.

BOTTOM LINE: EVERYONE IN TALEGA SHOULD HAVE GUARANTEED ACCESS TO ATTEND SJHHS OR SCHS WITHOUT THE SCHOOL OF CHOICE LOTTERY.

 

 

Agenda Item #21 Revised Amendment #2 To the Orange County Career Pathways Partnership Program MOU Number 40909 page 535

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HUMAN RESOURCE SERVICES

 

Agenda Item #22 General Preconditions for all Education Preparation Programs page 539

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Agenda Item #23 Internship Agreement With California State University of Long Beach page 550

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Agenda Item #24 MEMORANDUM OF UNDERSTANDING with Alliant International University, Inc page 556

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Agenda Item #25 Classified Staff page 559

Total ASB Funded Positions this Board meeting: $201,110.00 at a $10 per hour rate of pay.

When minimum wage goes up to $15.00 per hour, these same positions would require $301,665.00, an increase in ASB funds of $100,555.00.

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Agenda Item #26 Certificated Staff page 583

at 83:19

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BLUE CARD Dawn Urbanek

Saturday School

CUSD is paying teachers $35.00 per hour to teach Saturday School.

6/5ths Assignments page 584

CUSD is approving 56 6/5ths Assignments.

TOSA page 586

Teacher on Special Assignment - According to Transparent CA CUSD had 41 TOSA's in 2015 - that number continues to climb.

Staff Meetings page 588

Teacher at George White are being paid 1 hour to attend Staff meetings on Ace days.

Professional Development Prep Time page 588

Staff is now being paid to prep for professional development.

ASB Funded Assignments page 602

Total $30,495

What happens when the minimum wage goes from $10 per hour to $15? We have a lot of services for CUSD that are dependent on fundraising and other one time monies. CUSD should not be paying on going expenses like teachers salaries with one time moneys.

Entry Level Teachers page 584

Pay $105 per day

 

 

 

GENERAL FUNCTIONS

Agenda Item #27 Approval of the august 30, 2016 Special Board Meeting Minutes page 604  Agenda Item #28 Approval of the September 28,, 2016 Regular Board Meeting Minutes page 607  

DISCUSSION ACTION ITEMS

Agenda Items #29 - 41 Click Here